1. Only the Contractors who are not subjected to exclusion can participate in the tender procedure.
The Contractors eligible to any circumstances referred to in the article 108 of the PPL Act will be excluded from the tender procedure by the Ordering Party.
Documents submitted on request:
2. In accordance with the article 126, paragraph 1 of the PPL Act, before selecting the most advantageous tender offer, the Ordering Party shall invite the Contractor whose tender offer has been rated the highest to submit, within defined period, not shorter than 10 days from the date of
the summons, the following means of proof, valid as at the date of their submission:
1) A statement, within the scope of the article 108, paragraph 1, point 5 of the PPL Act, on the lack of membership in the same capital group in the meaning of the Act of 16 February 2007 on competition and consumer protection (Journal of Laws of 2020, items 1076 and 1086), with other contractor who submitted a separate offer, or the statements on membership in the same capital group together with documents or information confirming preparation of the tender offer, a partial tender offer or an application to participate in the procedure independently of other contractor belonging to the same capital group,
2) Information from the National Crime Index regarding the grounds for exclusion indicated in the article 108, paragraph 1, points 1, 2 and 4 of the PPL Act, prepared not earlier than 6 months before its submission,
3) A statement of the Contractor on validity of the information contained in the statement referred to in the article 125, paragraph 1 of the PPL Act, regarding the grounds for exclusion from the procedure indicated by the Ordering Party, referred to in the article 108, paragraph 1, point 3 of the PPL Act, the article 108, paragraph 1, point 4 of the PPL Act, regarding ordered ban on applying for a public procurement as a preventive measure, the article 108, paragraph 1, point 5 of the PPL Act, concerning conclusion of an agreement with other contractors aimed at distorting competition, the article 108, paragraph 1, point 6 of the PPL Act.
3. The Ordering Party will not invite to submit the means of proof if it can access them by means of free and publicly available databases, in particular public registers in the meaning of the Act of 17 February 2005 on computerization of the activity of the entities performing public tasks, provided that the Contractor indicates in the statement referred to in the article 125, paragraph 1 the data enabling access to these measures.
4. If the Contractor has its registered office or place of residence outside the Republic of Poland, instead of the document referred to:
1) in the paragraph 2, point 2), the Contractor submits information from the relevant register, such as the court register, or, in the absence of such a register, other equivalent document issued by the competent judicial or administrative authority of the country, in which the Contractor has its registered office or place of residence, to the extent referred to in paragraph 2 point 2 of this chapter of the ORS.
5. The document referred to in the paragraph 4, point 1) should be issued no earlier than 6 months before its submission.
6. The Ordering Party requires the Contractor to submit the relevant evidence, i.e. technical specifications for products together with the catalogue cards, confirming that the offered deliveries meet the requirements specified by the Ordering Party in the ORS.
7. The technical specifications must confirm all the required parameters specified in the detailed description of the subject of the contract constituting Attachment No. 7 to the ORS.
8. The Ordering Party does not envisage supplementing technical specifications together with the catalogue cards.
9. The Ordering Party allows an advance payment in the amount of 20% of net price within 21 days since the signing of the contract.